Hogeland v. Sibley
New York Court of Appeals
1Opinion of the CourtFuchsberg, J.
The main issue on this appeal is whether the defendant-appellant The Berenson Corporation is entitled to recover on its cross claim for contractual indemnity against its lessee, the codefendant Sibley, Lindsay & Curr Co., pursuant to certain clauses of the lease between these parties. Since they were landlord and tenant, a subsidiary issue involves in the effect, if any, of section 5-3211 of the General Obligations Law on the enforceability of the lease’s indemnity provisions.
Berenson owns the Irondequoit Shopping Center; Sibley, which operates a large department store in the center, is the…
2Cases cited12 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
- Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932
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3Cited by146 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
- Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
- Great Northern Insurance v. Interior Construction Corp.New York Court of Appeals · 2006
- Richard Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1987
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